IV. Designation Findings

Feasibility of Estimating Radiation Doses with Sufficient Accuracy

The Secretary established the feasibility determination for the class of employees
covered by this report upon the findings summarized below.

(1) Harshaw AWE employees could have received internal and external radiation
exposures from uranium and non-uranium contaminants, including radium,
thorium, and lead in the milled and composite materials from 1942 to 1955.

(2) In reviewing the available monitoring and other data for these operations, NIOSH
found that it did not have access to sufficient information, including personnel
dosimetry, workplace monitoring data, or sufficient process and radiological
source information, that would allow it to estimate with sufficient accuracy the
internal doses resulting from non-uranium nuclides for the period from August 14,
1942 through November 30, 1949.

(3) NIOSH cannot establish a maximum internal exposure scenario that addresses all
of the internal exposure potential for members of the class, and therefore cannot
estimate internal doses for this class with sufficient accuracy.

(4) Pursuant to 42 C.F.R. § 83.13(c)(1), NIOSH determined that there is insufficient
information either to estimate the maximum radiation dose for every type of
cancer for which radiation doses are reconstructed that could have been incurred
under plausible circumstances by any member of the class, or to estimate the
radiation doses of members of the class more precisely than a maximum dose
estimate.

(5) Although NIOSH found that it is not possible to estimate the complete dose
reconstruction, it is possible to reconstruct components of both the internal and
external dose.

Health Endangerment

The Secretary established the health endangerment determination for the class of
employees covered by this report upon the findings summarized below.

(1) Pursuant to 42 C.F.R. § 83.13(c)(3), NIOSH established that there is a reasonable
likelihood that such radiation doses may have endangered the health of members
of the class. Pursuant to 42 C.F.R. § 83.13(c)(3)(ii), NIOSH specified a minimum
duration of employment to satisfy this health endangerment criterion as “having
been employed for a number of work days aggregating at least 250 work days
within the parameters established for this class or in combination with work days

HHS Special Exposure Cohort Designation:
Harshaw


IL Designation

I, Michael O. Leavitt, Secretary of Health and Human Services (Secretary), designate
the class of employees defined in Section II of this report for addition to the Special
Exposure Cohort (SEC), as authorized under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (EE! A), 42 U.S.C. § 7384q.

FEB ~ 12007

\
Date Michael O. Leavitt

II. | Employee Class Definition

Atomic Weapons employees who were monitored or should have been monitored
while working at the Harshaw Harvard-Denison Plant located at 1000 Harvard
Avenue in Cleveland, Ohio from August 14, 1942 through November 30, 1949, and
who were employed for a number of work days aggregating at least 250 work days or
in combination with work days within the parameters established for one or more
other classes of employees in the Special Exposure Cohort.

Ill. Designation Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, for the class defined in Section II of this report, the
Secretary has determined, and the Advisory Board on Radiation and Worker Health
(Board) has recommended, that
(1) it is not feasible to estimate with sufficient accuracy the radiation dose that the
class received; and
(2) there is a reasonable likelihood that such radiation dose may have endangered
the health of members of the class.

The SEC final rule states in 42 C.F.R. § 83.13(c)(1) that it is feasible in two situations
to estimate the radiation dose that the class received with sufficient accuracy. First,
the rule states that radiation doses may be estimated with sufficient accuracy if
NIOSH has established that it has access to sufficient information to estimate the
maximum radiation dose for every type of cancer for which radiation doses are
reconstructed that could have been incurred under plausible circumstances by any
member of the class. Alternatively, radiation doses may be estimated with sufficient
accuracy if NIOSH has established that it has access to sufficient information to
estimate the radiation doses of members of the class more precisely than a maximum
dose estimate.

The Board, pursuant to 42 U.S.C. § 7384q, advised the Secretary to designate the
class as an addition to the SEC in a letter received by the Secretary on January 3,
2007.

HHS Special Exposure Cohort Designation:
Harshaw


within the parameters (excluding aggregate work day requirements) established
for one or more other classes of employees in the Cohort.”

(2) NIOSH did not identify any evidence from the petitioners or from other resources
that would establish that the class was exposed to radiation during a discrete
incident likely to have involved exceptionally high-level exposures, such as a
nuclear criticality incident, as defined under 42 C.F.R. § 83.13(c)(3)(i).

(3) The Board concurred with the finding of NIOSH that the health of the class may
have been endangered and defined the class according to the 250-work day
requirement specified under 42 C.F.R. § 83.13(c)(3)(ii).

V. Effect and Effective Date of Designation

The Secretary submits this report on designation of one additional class to the SEC
for review by Congress, pursuant to 42 U.S.C. §§ 7384/(14)(C)(ii) and
7384q(c)(2)(A), as amended by the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375 (codified as amended in
scattered sections of 42 U.S.C.). Pursuant to 42 U.S.C. § 7384/(14)(C)(ii), as
amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005, Pub. L. No. 108-375 (codified as amended in scattered sections of 42
U.S.C.), the designation in this report will become effective 30 days after the date of
this report’s submission to Congress “unless Congress otherwise provides.”

VI. Administrative Review of Designation

The health endangerment determination of the designation provided in this report
may be subject to an administrative review within HHS, pursuant to 42 C.F.R. §
83.18(a). On the basis of such a review, if the Secretary decides to expand the class
of employees covered by this designation, the Secretary would transmit a
supplementary report to Congress providing the expanded employee class definition
and the criteria and findings on which the decision was based.

HHS Special Exposure Cohort Designation:
Harshaw


THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20207

FEB ~ 1 2007

The Honorable Nancy Pelosi
Speaker of the House of Representatives
Washington, D.C. 20515

Dear Madam Speaker:

Pursuant to the Energy Employees Occupational Illness Compensation Program Act
of 2000 and 42 C.F.R. Part 83, a petition was filed on behalf of workers from the Harshaw
Harvard-Denison Plant in Cleveland, Ohio, to be added to the Special Exposure Cohort (SEC).

On December 12, 2006, the Centers for Disease Control and Prevention’s (CDC)
National Institute for Occupational Safety and Health (NIOSH) presented its findings on the
petition evaluation to the Advisory Board on Radiation and Worker Health (“the Board”) at
the Board meeting in Naperville, Illinois. On January 3, 2007, I received the Board’s
recommendation concerning this petition.

Based upon consideration of the deliberations, findings, and recommendations of the
Board and concurrence by the Director, NIOSH, and also by the Director, CDC, I have
designated the following class for addition to the SEC:

Atomic Weapons employees who were monitored or should have been monitored while
working at the Harshaw Harvard-Denison Plant located at 1000 Harvard Avenue in
Cleveland, Ohio, from August 14, 1942, through November 30, 1949, and who were
employed for a number of work days aggregating at least 250 work days or in
combination with work days within the parameters established for one or more other
classes of employees in the SEC.

The criteria and findings upon which this designation is based are provided in the
enclosed report.

Please call me if you have any further questions regarding this matter.

Sincerely,

Enclosure


THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C, 20201

FEB - 1 2007

The Honorable Richard Cheney
President of the United States Senate
Washington, D.C. 20510

Dear Mr. President:

Pursuant to the Energy Employees Occupational IlIness Compensation Program Act
of 2000 and 42 C.F.R. Part 83, a petition was filed on behalf of workers from the Harshaw
Harvard-Denison Plant in Cleveland, Ohio, to be added to the Special Exposure Cohort (SEC).

On December 12, 2006, the Centers for Disease Control and Prevention’s (CDC)
National Institute for Occupational Safety and Health (NIOSH) presented its findings on the
petition evaluation to the Advisory Board on Radiation and Worker Health (“the Board”) at
the Board meeting in Naperville, Illinois. On January 3, 2007, I received the Board’s
recommendation concerning this petition.

Based upon consideration of the deliberations, findings, and recommendations of the
Board and concurrence by the Director, NIOSH, and also by the Director, CDC, I have
designated the following class for addition to the SEC:

Atomic Weapons employees who were monitored or should have been monitored while
working at the Harshaw Harvard-Denison Plant located at 1000 Harvard Avenue in
Cleveland, Ohio, from August 14, 1942, through November 30, 1949, and who were
employed for a number of work days aggregating at least 250 work days or in
combination with work days within the parameters established for one or more other
classes of employees in the SEC.

The criteria and findings upon which this designation is based are provided in the
enclosed report.

Please call me if you have any further questions regarding this matter.

Sincerely,

lichael O. Leavitt

Enclosure


HHS Designation of Additional Members of the
Special Exposure Cohort
under the
Energy Employees Occupational Illness Compensation Program Act of 2000

Designating a Class of Employees from

Harshaw Harvard-Denison Plant
Cleveland, Ohio

HHS Special Exposure Cohort Designation:
Harshaw